Officer suspended after arrest
By Katharhynn Heidelberg, Montrose Daily Press, July 2, 2009

OLATHE — An Olathe Police officer has been suspended without pay, after his arrest on allegations of domestic violence and misdemeanor assault, stemming from a woman's accusations of corporal punishment.

Olathe Town Administrator Scott Harold said he understood Officer Michael Percival had been suspended from the force after his June 26 warrant arrest by the Montrose County Sheriff's Office.

Percival has since posted a $2,500 bond. A phone number for Percival could not be located.

Town Attorney David Masters said the suspension is considered a disciplinary action and so, a hearing must be slated with the mayor pro tem. (Olathe's mayor resigned last week). Masters was not aware of whether such a hearing had been scheduled.

Police Chief Ric Hawk said he could not comment on the arrest.

The sheriff's office investigation into Percival began after a woman with whom he reportedly had a prior intimate relationship was arrested June 18. According to the Montrose Combined Courts, she has since been charged with third-degree assault, harassment, DUI and phone obstruction; she is also free on bond.

The Daily Press is not identifying the woman at this time, due to the nature of her alleged victimization.

According to Percival's arrest affidavit, Deputy Sue Clements discovered marks on the woman as she was changing into a jail uniform. She reportedly told Clements Percival was responsible, and later elaborated to investigators that Percival had drawn up contracts "dictating what he expected from her on a daily and weekly basis."

She provided two "contracts" she alleged Percival wrote. These reportedly addressed expectations concerning her hygiene, behavior, sexual behavior and clothing, and spelled out punishments, including belt spankings, she could expect if she did not meet demands.

The woman said Percival became angry at her June 15 because she asked why she wasn't included in a fishing trip. She knew she was in for it, she said, and alleged that later that night, Percival arrived and made her submit to a spanking.

The beating was to entail 50 lashes, but he agreed to split up the punishment, she said, administering 25 lashes with a belt that night.

"(Woman) said she had to count each lashing and tell him 'thank you' after each strike and if she failed to count or miscounted, Percival would start over from the beginning," MCSO Investigator David Harrison said in the affidavit.

The woman said the spankings, which she alleged were a regular occurrence over the course of a few years, were not a form of sexual foreplay, but punishment that was painful.

"(She) said she never liked the spanking, but she accepted it from Percival because she loves him," Harrison's affidavit said.

Percival was arrested on a warrant at the Olathe Police Department. He has been charged with third-degree assault and domestic violence and returns to court July 15.

A previous domestic violence case against Percival was dismissed in 2007.


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